Been refused mobility - ** APPEAL WON **

[stuggling]

I have a 4 year old son, who has physical disabilities, he has global development delay and hyper mobile. He can not walk a distance with out being in pain, or crying in discomfort I carry him a lot, as we are still waiting for occupational therapy to come in.

 

We have reports to state this, and that if he walks for more then 4-5 minturs he will scream in pain, and need to stop and lie down to rest, and it could be upto 2 hours before he has recovered from the episode. Getting him and his siblings out and about is very difcult we do have a car, but it is on HP and crippling us but is a need.

 

We put in for a redecision on his mobility but got refused, due to physio not seeing him all time (the physio didn't even see his hyper mobile till I mentioned how flexible and the pain he is in) they keep doing 6 month reviews, he also can not go toilet or has any feelings to go toilet.

 

We get high rate care for dla, but nothing on mobility, how do I go about an appeal and sorting this, so I can get my son to and from appointments without him wanting to sleep or rest at them due to distance of walking

[45002]

Have a read of this

 

https://www.gov.uk/disability-living-allowance-children/how-to-claim

 

You can appeal a decision about your Disability Living Allowance if you’re unhappy with it.

[Nystagmite]

Do you have any evidence stating how far he can walk before he has to stop due to pain?

[stuggling]

Yes, of his consultant but they say they have that report and it still a no, it states in report, my som is unable to walk for more then 4 minutes without being in pain and must rest.

[mikeymack2002]

What would help you is to get your Consultant/Dr to putting in writing the needs of the young man. You can request this at any time, but they may charge you for this.

 

 

For you to appeal a DLA award you have a short time to do so, If it helps, perhaps a Subject Access Request (SAR) for your sons medical records may assist also, this costs £10-00 for this and they have 40 days to comply. You will need to send it to your local records office and enclose the postal order to cover the Statutory fee.

 

 

The need for medical proof of your sons difficulty in walking is going to be much needed, I would suggest getting his records and letter confirming his difficulties in walking, from both your Dr and most definitely from the Consultant in as much detail as they can.

 

 

Please read the above link in post #2 it will help you answer the questions that they use to make their decision, you should also include and relevant information how difficult it is for your son to have anything close to normal walking abilities.

 

 

When putting into writing you need to explain what it is like for him at the worst of times and if there is any real change on good days.

 

 

I hope this helps

 

 

MM

[estellyn]

struggling - how far can your son walk in the 4-5 minutes? what help or encouragement does he need during the 4-5 minutes to walk, above what another child of the same age would need?

[stuggling]

What would take our 3 year old daughter to walk, so a fifteen minute trip to nursery, would take an hour for our 4 year old, to keep him moving we tend to take a stroller (which he doesn't fit) or carry him, or he will just stop and not move no matter what we try to get him moving, and if we make him walk nursery, he will go and lie down for an hour it so and say his belly hurts, if. We go park he will cry and scream to come home if we walking round

[stuggling]

We sent consultant letters were she states, he is unable to walk for more then 5 mins due to pain, and tires quicker then those in his peer group.

[estellyn]

The difficulty is that DLA mobility is assessed more on distance than amount of time the person can walk. This info from an autism site explains the type of info you need to get across, and other ways to qualify rather than just on basic distance can physically walk - for instance via the severe mental impairment rule, or by severe behavioural problems. Remember with each thing it needs to be made clear that these are problems that a non disabled child of the same age would not have.

 

 

Have a read of the info and then if you have questions on what to write, let us know:

 

 

http://www.autism.org.uk/living-with-autism/benefits-and-community-care/benefits-for-children-with-autism/dla-for-children-under-16/dla-for-children-the-mobility-component.aspx

 

 

this is also quite good

 

 

http://www.cafamily.org.uk/media/379407/dla_learning_disabilities_final_4_feb_14_for_web.pdf

[stuggling]

Thank you so much, I wouldn't normal do this, but seen as they moved his hospital appointment to an hour drive away and it would take 2 hours and 30 mins on public transport I feel it important seen as though we there every week twice a week

[estellyn]

Thank you so much, I wouldn't normal do this, but seen as they moved his hospital appointment to an hour drive away and it would take 2 hours and 30 mins on public transport I feel it important seen as though we there every week twice a week

 

 

Don't worry - if your child qualifies then you should claim, but with SMI and behavioural claims for mobility, it is often initially refused as the families and doctors don't know the sort of things to write on the form. With the right things highlighted a reconsideration or appeal can often be successful.

[stuggling]

Ok thank you, I shall do appeal 1st thing

[time4change2]

let us know how you get on we can help you through this if needed

[stuggling]

ok i spoke to the DLA team and was told his pysio had said my son does have Hypermobile and can effect him, but there is no need to assist him, parents need to entourage walking more and i do not see any mental or behavioural problems.

 

As soon as i was told this i asked for a reconsideration, then i rang my sons physic and stated she is not the consultant or the parent, and has only ever seen my son for an hour in the 2 years he has been referred to physio, I also asked for another appointment and that he see someone else, i was then informed the physio my sons see has now been forced in to retirement and is no longer on the list, I contacted his consultant as we still waiting for Occy for him, his consultant is not impressed with what was said to DLA and clearly expressed he has mental, physical and behavioural problems and that she would contact the physio team and inform them my son should have been seen on a weekly basis not on the 6 month referall

 

I have to send the Consultant report with a letter stating his problems, I have a meeting with the welfare team in my area on April 14, hopefully they can help me word the letter.

[stuggling]

Hi guys got refused again, but went to see welfare team who have told me that when appeal form arrives to go back, but today I recieved a letter for mobility form as my son nearly 5, shall I fill this out or wait

[leigh04]

Hi struggling

I do know that if a child is under 5 they dont like to pay mobility but reapply when child is 5,

I didnt get the mobility rate for my son until he turned 5 hes now 12 and still gets high rate care and low mobility.

[Ros1609]

I agree with leigh04, my son was refused mobility when we first applied but now he is turning 5 (in August) I've just found out hes been awarded the lower rate. Good luck with your appeal and please keep us updated

[stuggling]

Thank you guys, I shall keep you informed I'm not giving up as getting him to walk round corner is painful

[Nystagmite]

Did you get a statement of reasons which states why your son was refused?

[stuggling]

No I've asked but got told it because he under 5 and can walk a short distance, I have told them he can not walk a distance, so about 2-3 lamppost and has to rest, also Has no ideas about dangers around him, just to got they will look again, but so car not at appeal stAge.

 

Then I get a letter saying due to him reaching 5 years old soon, to fill out the form

[leigh04]

Struggling

Just fill the form in and send it off. DLA mobility doesnt get paid if child is under 5.

Now your child is reaching 5 you can reapply for it.If you get turned down again then reappeal the decision but you may find that you will get mobility for your child even if its at low rate.

Good luck.

[Nystagmite]

Struggling

Just fill the form in and send it off. DLA mobility doesnt get paid if child is under 5.

 

Higher mobility does.

[stuggling]

It because they don't understand hypermobility though reports sent to them express what his walking and getting about needs are like. But also I think it because physio keep putting him under review until I started to argue as he should be seeing occupational but was not, I was not told about occupational till I got a close friend involved who a bone surgeon who explained more about it and informed me what we should be doing.

 

I even got told his diagnose by letter!!! And that's it got letter snd seen no one since. It costing us £500 PCM for the car a moment to get him out and about hp is £194 (bad credit and no savings) insurance £115 (I only past test last June) then rest in petrol and any work that needs doing to car

[stuggling]

been refused the reconsideration,

The evidence used to make this decision, your claim form and the evidence you supplied with the claim form,

the information provided in you telephone calls on 14/5/14, 3/5/14. 16/4,14, 26/3/14 & 12/2/14

Physiotherapy hospital factual reported dated 11/3/14.

 

you have said in your telephone call dated 14/5/14 that he has had an appointment at the health centre, and the physiotherapist said his core muscles are not co-ordinating, so he tires more easily and stability is not there when walking.

 

You have said in you telephone called dated 12/2/14 that he has seen the physio and that have stated he has got hyper mobility. they are looking tp get orthopaedics and occupational therapy involved, so that he can get some things that he needs to help to help him with his joints.

 

You have indicated to the claim pack that he can physically walk, however he can only walk 50 meters or less, it takes more than 5 minutes, very slowly and also that he shuffles and has poor balance, he falls over a lot and does not like the noise of traffic. furthermore you have said that he will be all in a lot of pain, so if he walks to nursery he will need to sit or lie down due to stomach and leg pains. you can not get him to walk to and from the shops cry to go home. he finds it hard and frustrated to go out, he will become upset and demand home, it walking he will be lifted/carried after 5 minutes due to pain and time. he also refuses to walk.

 

they then tell me what the law states about high rate mobility.

 

Information contained within the physio report dated 11/3/14 indicated that he is able to walk outdoors. he is hyperbole in his lower limbs causing him to tire more easily. he is improving with is motor skills he can now jump, but he will tire more easily. falls are mentioned but no walking aids are used so is manner of walking is not severely compromised he has a normal walking pattern.

Overall the evidence indicated that his ability to walk is not so limited to such, that he is unable or virtually unable to walk. for most of the time. He is capsule to walk at times, this is because he will not walk rater than because he can not walk, severely mentally imparted criteria considered but not satisfied not entailed to the high rate mobility component.

 

The use of public transport can not be considered.

 

he does meet the low rate but is not paid it till his 5th birthday.

 

 

 

on 14.5.14 we saw occupational who said his balance is off, and they are doing more to help him. I also made them aware he will be seeing CAMS too due to his frustration.

the physio of which he has seen 2 time in the last 3 years of being under them, do half hour assessments and never did any walking actives with him, just throwing things to and thro, and drawing, I made it clear his fine motor skills are perfect, but his gross is not. The physio has seen resigned and occupational are not impressed that they have not been seeing him as he clearly needs help, and have been re-reffered to physio.

 

I have put in an appeal, but some help would be appreciated as they seem to contradict them selves a lot

[Nystagmite]

Have you ever recorded your son trying to walk and what happens after? ie, he walks 50 meters; but has to sit down because he's in too much pain. Also keep a diary of what he's like when he walks. IE - took him out today. We walked from home to nursery (state how far this is) and after 50 meters, he was complaining that his legs were hurting too much for him to carry on walking. I then had to carry him the rest of the way.

 

You need to see his GP or physio and get more evidence about how far he can walk before he's in severe discomfort.